California, United States of America
The following excerpt is from People v. Lagunas, E054693 (Cal. App. 2013):
"Due process prohibits shackling noticeable by a jury unless, in the sound exercise of the trial court's discretion, case-specific concerns like 'special security needs or escape risks' pose a threat to an essential state interest so as to show 'adequate justification' for the shackling. [Citations.] If the requisite showing is not in the record, a trial court ordering such shackling commits an abuse of discretion, a 'defendant need not demonstrate actual prejudice to make out a due process violation,' and the error is reversible unless the prosecution proves beyond a reasonable doubt that the error did not contribute to the verdict. [Citations.]" (People v. Soukomlane (2008) 162 Cal.App.4th 214, 229 (Soukomlane), quoting Deck v. Missouri (2005) 544 U.S. 622, 633, 635.)
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